Terms and Conditions
Giti Tire (UK) Ltd– Terms of supply
Giti Tire (UK) Ltd (hereinafter referred to as “the Company”) the services and products of which, whether or not manufactured by the Company (“The Goods”) shall be subject to the following terms and conditions (“Terms and Conditions”) to the exclusion of any conflicting terms and conditions of business of the person to whom the Goods are supplied (The Customer) and any order for or acceptance of any goods by the Customer shall be on these terms and conditions.
These Terms and Conditions have been drawn up in the light of the Unfair Contract Terms Act 1977.
THE PLACEMENT OF ORDERS
The company shall not be bound by any order placed by the Customer (whether or not in accordance with any quotation or offer made by the Company) until it is accepted by the company in writing or by order confirmation, delivery of the Goods or issue of an invoice for all the relevant Goods. No order or part of order placed by the Customer can be cancelled by the customer without the agreement of the Company. The Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of labour and materials used), damages, charges and expenses incurred by the Company as a result of such cancellation. The Company reserves the right to set a minimum order value which will be advised to the Customer from time to time.
DELIVERY AND CARRIAGE
Unless otherwise expressly agreed by the Company in writing the price for the Goods shall include carriage to an address of the Customer within Great Britain and Northern Ireland by any means chosen by the Company but the risk of loss and damage in the Goods carried shall belong to the Customer. If the Customer requests carriage by any means which would not be chosen by the Company in the relevant circumstances any additional cost of such carriage shall be borne by the Customer. Delivery dates are given in good faith but are not guaranteed and time is not of the essence in respect of the delivery of Goods. In the case of Goods delivered by the Company’s chosen means to an address of the Customer within Great Britain and Northern Ireland delivery will be deemed to be effected as soon as the Goods have arrived at such address. In any other case delivery shall be deemed to be effected at the time agreed by the Company and the Customer.
If a Customer refuses to accept delivery of Goods against a bona fide order, then a charge will be levied to cover transport and other related costs.
All claims for non-delivery of Goods comprised in any delivery advice note or invoice issued by the Company shall be made in writing to the Company within fourteen days after receipt by the Customer of such advice note or invoice. Any discrepancy between the Goods delivered and any order confirmation, invoice or dispatch note relating thereto and any damage to the Goods during delivery shall be notified by the Customer to the Company within fourteen days of receipt by the Customer of the Goods.
If the Customer fails to notify the Company in accordance with the terms of this condition or is found to have made a number of invalid claims, then the Company reserves the right to make an administration charge to the Customer.
Notification means a claim or notice, in writing, to the Credit Department, Giti Tire (UK) Ltd.
If the Customer notifies the Company of any damage to the Goods as aforesaid the Company will use all reasonable endeavors to assist the customer improving that any carrier of the Goods received them in good condition. If the Customer fails to notify the Company in accordance with the terms of the Condition, the /company shall not be under any liability whatsoever for or arising out of, any short delivery, discrepancy, damage or non-delivery unless such short delivery, discrepancy, damage or non-delivery caused by the Company’s willful default or negligence. In the case of any damage to the Goods the Customer shall not use them and shall make no attempt to alter or repair the Goods until the Company has investigated.
PRICES AND PAYMENT
The price of the Goods (“The Purchase Price”) shall be the price that the Company has quoted the Customer. All prices quoted are valid for 30 days or until earlier acceptance by the Customer after which time they may be altered by the Company without giving notice to the Customer. The Company reserves the right to vary the price of the Goods by notice to the Customer at any time before delivery if and to the extent that there is any increase (beyond the control of the Company) in the cost to the Company of the manufacture of the Goods.
Unless otherwise agreed in writing, payment for purchases must be paid in full on or before the last day of the month immediately following the month in which the invoice is dated. Time shall be of the essence in respect of the payment of the price. The Company reserves the right to charge interest on overdue payments from the due date of payment to the date of actual payment at an annual rate 2% above the base lending rate of the Company’s bankers from time to time.
In the event that monies remain overdue, the Company further reserve the right to take such action as it considers necessary, including legal action, to recover all the monies owed by the Customer and the Customer shall indemnify the Company against all the charges, costs and expenses incurred in the recovery of the amount including, without limitation, legal costs and the Company’s labour costs.
TITLE AND RISK
The risk of loss and damage of the Goods shall pass to the Customer upon the Goods leaving the Company’s premises for delivery.
Notwithstanding delivery and the passing of risk title to and property in the Goods will remain in the Company and the Goods will be held by the Customer in a fiduciary capacity on behalf of the Company. The Customer shall store the Goods separately from all other Goods as the Company’s property until the Company has received in full the purchase price and all other amounts due to the Company from the Customer. Until title passes the Customer may in the ordinary course of business, unless and until notified by the Company to the contrary, sell any of the Goods so held for a price not less than the purchase price but shall hold the proceeds of sale on trust for the Company in a separate account at the Customer’s Bank and the Company may require that such proceeds be paid over to it forthwith less any excess over all amounts owing from the Customer to the Company.
The Customer shall be fully responsible for the Goods from the time that they leave the Company’s premises and, as long as they remain the property of the Company, shall keep them fully insured.
At any time after the due date for payment of the Goods to the Company by the Customer and so long as the Company has not received in full any amounts owing to it from the Customer the Company shall be entitled to require the Customer at the Customer’s expense immediately to return those Goods and if the Customer fails to do so forthwith to enter the Customer’s premises (or to exercise as agent for the Customer the Customer’s rights to enter the premises of any other person where the Goods may be) and repossess those Goods. Any exercise by the Company of its rights hereunder shall be without prejudice to any other remedies the Company’s may have.
Without prejudice to the terms and conditions 3 and 4, if the Customer commits any act of insolvency or, being a company, makes a voluntary arrangement with its credits, becomes subject to an administration order, passes a resolution to wind up or a winding up order is made against it or a receiver is appointed over all or any substantial part of its assets all amounts owing from the Customer to the Company shall become immediately due and payable and the Company may elect not to deliver the Goods except payment in cash of all such amounts (including the price of the Goods to be delivered).
If a defect is discovered in any of the Goods within 60 months after their date of manufacture as marked on the Goods and:
(1) The Company is notified in writing of such defect within 14 days of its discovery and
(2) The Goods are, if so required by the Company, delivered carriage paid to the Company’s premises for inspection within one month from the date of such notification, and
(3) The Goods are defective and the defect results from faulty materials and/or workmanship of the Company and not in any way from an accident, misuse or mishandling by the Customer or customer of the Customer
(4) There has been no unauthorised modification (as defined below)
The company shall (at its option) either refund a proportion of the purchase price of such defective goods equal to the proportion which the unexpired life of the Goods bears to their total life (calculated in the case of tires, by reference to the measured tread pattern depth except for Agricultural and Earthmover tires where special conditions apply) or shall repair or replace such defective Goods at a cost to the Customer of such proportion of the purchase price of the Goods as equals the proportion which the expired life of the goods bears to their total life ( calculated as set out above) PROVIDED THAT in the case of defects which are apparent from a visual inspection of a period of 14 days from the date of delivery to the Customer shall apply in place of the period of 60 months referred to as above.
The Customer is solely responsible for ensuring that all Goods are fit for the purpose for which the Customer or its customer intends to use them. If, however the Company has advised in writing on the suitability of the Goods for the particular purpose for which they are used the Company shall be liable for any loss or damage which occurs due to the Company’s advice being wrong in the context of the information available to at the time the advice was given provided the Company agreed to test the Goods itself and the defect of unsuitability should have been revealed by that test.
The above warranty and undertakings are given in lieu of and to the exclusion of any other condition guarantee or warranty whether express, implied by statute or otherwise and the Company shall be under no liability whether in contract, tort or otherwise save as aforesaid, for any loss, damage, expense or injury howsoever caused arising out of the use of the Goods or any contract made subject to these terms and conditions other than for personal injury or death resulting from the Company’s negligence. In particular, the Company shall not be liable for any loss of profit or any indirect, special or consequential loss or damage and except as previously provided for the Company’s entire liability shall not exceed the price of the Goods.
The company shall be under no liability under the above warranty if the total price for the Goods has not been paid by the due date for payment.
Unauthorised modifications: Any modifications to tires sold by the Company, including the use of sealants injected through the valve or unauthorised repairs will render this warranty invalid.
BRANDING, MARKETING, REMOULDING AND RETREADING
A) The Customer shall not without the previous written authority of the Company, deface brand mark, recut or tamper in any way whatsoever with any Goods other than part-worn tires.
B) The Customer shall not with the previous written authority of the Company sell, offer for sale, advertise or supply any Goods (other that part-worn tires) which have been treated as set forth in paragraph (a) of this Condition.
C)Part worn tires which have been remoulded, retreaded or treated as set forth in paragraph (a) of this Condition: (i) shall not be sold without the tire names, including the brand, having been previously obliterated from each wall of each tire and (ii) shall not be sold without been previously branded in legible letters on the wall of each tire with the word “Retread” or such other word as shall describe the treatment as a foresaid and (iii) shall not be sold, offered for sale, advertised or supplied under any Trade Mark or Trade Name owned or used by the Company.
NO RIGHT OF SET-OFF
The purchaser shall not be entitled to the benefit of any set-off to which he might otherwise be entitled in law or in equity. All sums payable hereunder shall be payable without any deduction and the Company shall be entitled in the event of non-payment to obtain and enforce judgement thereon without any stay of execution pending the determination of any cross-claim by the Purchaser. The reason for this condition is that the Company has incurred expense in the manufacture, preparation or acquisition of the goods for sale and it is not reasonable for the Purchaser to be allowed to withhold payment therefore until such time as the justice of any cross-claim which he may assert shall have been determined.
The Company shall not be liable for any delay in or failure to perform any of its obligations under any contract to which these terms and conditions apply where such delay or failure is a result of any matter which is beyond the Company’s reasonable control or not within its reasonable contemplation at the date of acceptance of the Customer’s order including, but without prejudice to the generality of the foregoing, any act of God, storm, fire, flood, explosion, war, declaration of hostilities, civil commotion, strike or other industrial action, or any orders, rules or restrictions of any government in any such event the Company of performance occasioned thereby or cancel the contract of any unfulfilled portion thereof without liability to the Customer.
Any Goods may be subject to these conditions, be exported for use and sale in any country, which is a member of the European Community or European Free Trade Area. Except with the prior written consent of the Company, the Customer shall not either directly or indirectly export any Goods to any other country unless the same are fitted to or form a constituent part of a motor vehicle or other vehicle
ORIGINAL EQUIPMENT SUPPLIES
No Goods supplied for original equipment purposes shall be resold or supplied by the Customer otherwise than as an integral part of or for the purposes of fitment to a new motor vehicle, new machine, new implement or other new vehicle without the previous written authority of the Company.
The Customer shall not and shall use its best endeavours to ensure that no other person shall use any Trademarks belonging to the Company other than as applied to Goods or literature supplied by the Company, except for uses of the Trademarks previously approved in writing by the Company. Request for approval for any such use, particularly in advertising material, should be addressed to Manager, Product Marketing who can assist with artwork and general advice in relation to use of the Trademarks.
Any variations of these terms and conditions shall not be binding unless agreed in writing by the authorised representative of the Company.
These Conditions and any contract incorporating them shall be governed by and construed in all respects in accordance with the laws of England and the Customer and the Company shall submit to the non-exclusive jurisdiction of the English Courts.
DATA PROTECTION/PRIVACY NOTICE
This privacy notice provides information on how Giti Tire (UK) Ltd collects and processes your personal data when you visit our website, sign up for a newsletter or purchase products or services.
Important information and who we are
Giti Tire (UK) Ltd is the controller and responsible for your personal data.
The person responsible for the purposes of the General Data Protection Regulation and other national data protection laws as well as other data protection provisions is:
Giti Tire Deutschland GmbH
Hollerithallee 18 A, 30419 Hannover, Germany
Phone: +49 (0) 511-5153 56-0
Fax: +49 (0) 511-5153 56-10
The data protection office of Giti Tire Deutschland GmbH is:
Streit GmbH Management Systems
Telephone: +49 (0) 30-98 19 3-116
Fax: +49 (0) 30-98 19 3-135
If you have any questions about this privacy notice or our data protection practices, please contact the Privacy Manager.
The data we collect about you
We may collect, use, store and transfer different kinds of personal data about you as follows:
Identity Data, Contact Data, Financial Data, Transaction Data, Technical Data, Profile Data, Usage Data, Marketing and Communications Data
We explain these categories of data here.
We use different methods to collect data about you, which are explained here.
How we use your personal data
We will only use your personal data for the purpose for which we collected it which include the following:
To register you as a new customer
To process and deliver your order
To manage your relationship with us
To enable you to participate in a prize draw, competition or complete a survey
To improve our website, products/services, marketing or customer relationships
To recommend products or services which may be of interest to you
How we share your personal data
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data including the right to receive a copy of the personal data we hold about you and the right to make a complaint at any time to the Information Commissioner's Office, the UK supervisory authority for data protection issues (www.ico.org.uk).